YUVRAJ ASHOK SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail under Section 439 of Cr.P.C. in connection with C.R. No. 781 of 2019 registered with Wakad Police Station, Dist. Pune for offences punishable under Sections 302 , 307 , 341 , 143 , 144 , 147 , 148 and 149 of Indian Penal Code.

(2.) The case of the prosecution is that the FIR was lodged against unknown persons. The dead body of the deceased was found. The statements of witnesses were recorded. On completing investigation, charge-sheet was filed. The statement of eye witness Smt. Anita Bhat was recorded on 28th July, 2019. She stated that, she was proceeding with the deceased on his motorcycle. Three unknown persons intercepted them and the victim was assaulted by them with weapons. He was taken to the hospital for treatment. The applicant and the co-accused were arrested on suspicion. Supplementary statement of the eye witness Smt. Anita Bhat was recorded on 29 th July, 2019. In the said statement she stated that, her son Aniket was constantly talking with some persons after the incident of assault on Mayur Wadmare and he was ascertaining about the condition of the victim. He was found disturbed. On suspicion, police arrested the applicant and other persons. They had disclosed during interrogation that the victim was assaulted at the instance of Aniket. He was arrested and implicated as one of the accused.

(3.) Learned counsel for the applicant submitted that there is no evidence against the applicant. There is no Test Identification Parade. No evidence of C.D.R. He was arrested only on suspicion. The statement of brother of the deceased was recorded. He has referred to the dying declaration of the deceased. It is submitted that even the statement of the said witness also do not attributed any role to the applicant.